TROT LAW

INTRODUCTION:
One moment you are walking on the road on the other you slip into the pit left open by the
Municipal corporation. Without having glance around, you stand up quickly to cover up the
embarrassment you have faced.
But what can you do ? This happens everywhere now in the country like Pakistan. Is there any
one who could be blamed for this? I have sustained injuries so I should be more careful for the
next time. Isn’t it ? No, there was a responsibility of Municipality in this situation.
They were negligent in fulfilling there duty.
OR
If a surgeon tasked with amputating a patient’s left leg instead amputates the right leg, that
patient may be able to pursue a tort lawsuit alleging medical malpractice and seeking monetary
damages against the surgeon.This is what law of tort talks about.

What is tort:
The term Tort has been derived from a Latin word Tortm which means twisted or crooked.
According to Salmond it is a civil wrong.
Tort is a civil wrong for which the remedy is unliquidated (unspecified) damages.
It should be noted that all torts are civil wrongs but all civil wrongs are not tort.
It is different from breach of contract and trust.
Tort is when the act of one party causes some harm to other party due to negligence or
carelessness, etc.

PARTIES:
Plaintiff: The one who sues is known as Plaintiff and
Defendant or Tortfeasor: The person who is sued is known as Defendant or Tortfeasor.

ESSENTIAL ELEMENTS:
In order to get damages the plaintiff must prove following four essential elements.
If any of these elements is missing, the tort cannot be established, and damages cannot be
awarded to the plaintiff.
1. Duty
2. Wrongful Act or Omission
3. Injury
4. Remedy

1.Duty:
The law of tort imposes an obligation on every individual to exercise a reasonable level of care
when engaging in activities that could potentially cause harm to others. To pursue a legal case, it
is necessary to establish that the tortfeasor owed a duty of care to the injured party and that this
duty was breached.
The duty of care is imposed by law and does not require a direct relationship between the
tortfeasor and the injured party.
2. Wrongful Act or omission:
Violating a legal provision renders an act unlawful. It is important to note that a moral wrong
does not necessarily equate to a legal wrong. Merely being morally wrong is insufficient to qualify
as legal wrongdoing. An act is considered unlawful only if it contravenes the law, regardless of its
moral implications.
Furthermore, wrongdoing must result in actual harm or legal injury to another person.
3. Injury:
For a tort claim to arise and for the tortfeasor to be held liable, the claimant must have suffered
actual pain or loss as a result of the wrongdoing, or there must have been a violation of their legal
rights, with or without resulting damage.
4. Remedy:
The law of torts provides specific legal remedies to injured parties when their rights are violated.
These remedies can include monetary compensation, restitution of specific property, and court-
ordered injunctions.
Why Does Tort Law Exist? Tort law serves at least three purposes:

First, it facilitates compensation for injuries resulting from wrongful conduct.

Second, it can deter persons from acting in ways that may produce harm.
Third, it can provide a way of punishing people who wrongfully injure others.

Difference between Tort and Crime

TORT CRIME
The person who commits a tort is known The person who commits a crime is
tortfeasor known as offender

Trial proceeds in civil court Trial proceeds in criminal court

The remedy is unliquidated damages The remedy is to punish the offender
It is not codified as it depends on the It is codified law as the punishments are
wisdom of judge defined in PPC-1882

Private rights of the individuals are Public rights and duties are violated
violated. which affects the community as whole.